KRESSE & ASSOCIATES, LLC

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1 1 1 IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA 2 GENERAL JURISDICTION DIVISION 3 CASE NO CA WACHOVIA MORTGAGE, F.S.D. F/K/A WORLD SAVINGS BANK, F.S.B., 6 Plaintiff, 7 vs. 8 MARTHA GALLEGO; KINGS CREEK 9 SOUTH CONDOMINIUM, INC., 10 Defendants TRANSCRIPT OF PROCEEDINGS BEFORE THE HONORABLE LAWRENCE SCHWARTZ Miami-Dade County Courthouse West Flagler Street Miami, Florida Tuesday, October 19, :50 a.m. - 10:15 a.m. 25

2 For the Defendants: APPEARANCES 8 AMANDA L. LUNDERGRAN, ESQ. 9 Ice Legal, P.A North State Road 7 10 Suite D Royal Palm Beach, Florida For the Plaintiff: MARTIN PONS, ESQ. Albertelli Law 16 P.O. Box Tampa, Florida

3 3 1 THE COURT: What are you here on? 2 MS. LUNDERGRAN: Good morning, Your Honor, 3 Amanda Lundergran for Ice Legal on behalf of 4 the defendant, Martha Gallego. This is our 5 motion to vacate the notice of hearing and 6 motion to compel discovery and motion for 7 sanctions. 8 MR. PONS: Martin Pons on behalf of the 9 plaintiff. 10 THE COURT: What's it set for today? 11 MR. PONS: It's her motion. 12 THE COURT: I know. Motion from Counsel 13 to do what? 14 MS. LUNDERGRAN: Our motion to vacate 15 their notice of hearing, our motion to THE COURT: A motion to vacate a notice of 17 hearing for what? 18 MS. LUNDERGRAN: Summary judgment. 19 THE COURT: Do you have it set for summary 20 judgment today? 21 MR. PONS: That's right, Your Honor. We 22 have it, we have it set downstairs THE COURT: I don't know. Okay. 24 MR. PONS: -- master calendar. 25 THE COURT: All right. That's why I'm

4 4 1 asking. 2 MR. PONS: Counsel has filed this motion 3 which -- 4 MS. LUNDERGRAN: Your Honor, if I may 5 before we begin. I would like to object to 6 Counsel's appearance here today. He does not 7 work for Albertelli Law, which is the counsel 8 of record. That violates Rule THE COURT: Okay. Take a hike on that. 10 He does work for Albertelli Law, he gets to 11 stand in for Albertelli Law and thank you very 12 much. Don't waste my time with that. 13 MS. LUNDERGRAN: Thank you, Your Honor. 14 We just wanted it on the record. 15 THE COURT: You don't have a record. 16 Are you writing this? 17 THE REPORTER: Yes, I am. 18 THE COURT: Okay. That's a bogus 19 argument, that he doesn't work for Albertelli 20 Law so he -- no problem, you want to come back 21 and do all your motions with somebody else 22 from Albertelli here? 23 MS. LUNDERGRAN: That's fine, Your Honor, 24 if he wants to bring somebody from Albertelli 25 for summary judgment.

5 5 1 THE COURT: Are you representing 2 Albertelli? 3 MR. PONS: Yes, Your Honor. 4 THE COURT: Thank you. He can. 5 MS. LUNDERGRAN: Okay, Your Honor. 6 As to the motion to vacate the notice of 7 hearing, plaintiff ex parte notices of hearing 8 and set it on the master foreclosure 9 calendar. 10 THE COURT: He's allowed to. 11 MS. LUNDERGRAN: We received the notice of 12 hearing that had no title, we had no idea what 13 hearing this was as to only 11 days ago. We 14 had to coordinate THE COURT: Okay, well. 16 MS. LUNDERGRAN: We had to coordinate 17 plaintiff to find out what hearing this was 18 and why it was not coordinated with us instead 19 of the master calendar. 20 THE COURT: Okay. Stop and listen to what 21 I'm saying. They don't have to coordinate it 22 with you. The local rule and rule of 23 procedure says that the motion for summary 24 judgment can be heard 21 days after it's 25 final. They have the absolute right in the

6 6 1 11th Judicial Circuit to calendar a summary 2 judgment without coordinating with you. 3 MS. LUNDERGRAN: That's fine, Your Honor, 4 but they did also violate the Court rules when 5 they filed that notice of hearing while there 6 was still outstanding discovery. The Court 7 ruled mandate that the motion for summary 8 judgment not be set when there is outstanding 9 discovery that hasn't been responded to, which 10 is the second part of our motion today, a 11 motion to compel that discovery and a motion 12 for sanctions for failure to comply. 13 As for the motion to compel, Your Honor, 14 we did serve a request for production 15 regarding indebtedness on July 30, Plaintiff failed to respond. They failed to 17 file a motion for extension of time. When we 18 did contact plaintiff's counsel regarding his 19 outstanding discovery to confer and find out 20 what the status was, they responded that they 21 didn't have to respond. They would not be 22 responding. They would be moving forward with 23 summary judgment. 24 We have attempted to get them to cancel 25 summary judgment so that we can obtain this

7 7 1 discovery and they have refused to coordinate 2 or discuss that with us. For this reason, 3 Your Honor, we do ask that the discovery be 4 required within 10 days. 5 MR. PONS: Judge, on September 8th, I've 6 been advised we filed the responses to the 7 discovery. 8 THE COURT: You filed it with the clerk? 9 MR. PONS: That's what I was told. 10 THE COURT: Okay. Well, go ask Maria to 11 run a docket for me, and then I'll be able to 12 see what was filed with the clerk. 13 (Recess in Proceedings) 14 THE COURT: Did you get a docket, Martin? 15 MR. PONS: Yeah. 16 I have, Your Honor, a response to the 17 request for production. We filed answers to 18 the interrogatories. 19 MS. LUNDERGRAN: Those are not 20 interrogatories. 21 MR. PONS: Initially. 22 Your Honor, and just to get it on the 23 record, since she has raised certain issues. 24 THE COURT: Yes. 25 MR. PONS: Her motion is like a personal

8 8 1 offense against us. We've had administrative 2 orders issued and defendants affirm should 3 have read those administrative orders 4 regarding the new mortgage forclosure 5 procedures instead of stating that we're 6 violating ethical rules. They're on public 7 record. 8 THE COURT: I don't have a clue what 9 you're saying. 10 MR. PONS: They want the motions THE COURT: I haven't seen any motion at 12 this point so I don't know what you're talking 13 about, Mr. Pons. 14 Well, first off, you need to be in front 15 of the master calendar to vacate the hearing 16 in front of the master calendar. That's a 17 start. 18 MS. LUNDERGRAN: That's fine, Your Honor. 19 And if there is a rule regarding THE COURT: Okay. You MS. LUNDERGRAN: -- we will respect 22 that. 23 THE COURT: You all have the 24 responsibility. You're in Palm Beach. If 25 you're going to practice in Miami-Dade County,

9 9 1 you need to know what the local rules are. 2 MS. LUNDERGRAN: That's fine, Your Honor. 3 I think we're just focused on the motion for 4 sanctions and -- 5 THE COURT: I think I get to say what I 6 want to say, okay? You have a responsibility 7 for knowing what the local rules are. Just 8 like he has a responsibility for knowing what 9 the local rules are in Palm Beach, if he goes 10 to Palm Beach, just like you have a 11 responsibility for knowing what the local 12 rules are in everyplace. 13 These rules have been in place for a very 14 long period of time. If this is the first 15 case that you've handled in Miami-Dade County, 16 that's fine, okay? If it's not the first case 17 that your office has handled in Miami-Dade 18 County, then they should be aware of it. Our 19 rules have been in place for at least the last 20 two years, which is as long as I've been 21 sitting in this division. 22 A motion for summary judgment under the 23 rules of procedure allow for 21 days notice. 24 It can be unilaterally set. It doesn't 25 require agreement for setting it. The other

10 10 1 rules require for other motions seven business 2 days notice to accommodate setting those. 3 Those, too, can be unilaterally set. Lawyers 4 are expected to cooperate with each other in a 5 professional manner after a matter is set. 6 And if somebody has a personal issue that 7 prevents it from being heard, then they can 8 work it out. 9 MS. LUNDERGRAN: We did, Your Honor. We 10 did contact them numerous times to try to get 11 it reset and they refused. 12 THE COURT: To try and get it reset, why? 13 MS. LUNDERGRAN: To a day that was 14 convenient for us. We had to cancel our 15 calendar today just to make an appearance 16 here. 17 THE COURT: Okay. So your motion to 18 vacate the notice of hearing for the summary 19 judgment, which is set for 10:30 needs to be 20 done downstairs on the third floor. 21 So what else are you here on? 22 MS. LUNDERGRAN: As to the discovery, Your 23 Honor, we propounded according to the docket 24 the request for production regarding 25 indebtedness.

11 11 1 THE COURT: The request for production was 2 propounded on August the 6th of MS. LUNDERGRAN: There has been no 4 response to our request for production. We 5 did attempt to confer. They said that they 6 would not be providing a response -- 7 THE COURT: Okay. And here is a response 8 to a request for production. Apparently you 9 also sent out interrogatories. 10 MS. LUNDERGRAN: That is the previous 11 discovery. 12 THE COURT: Which was done in November to 13 which they answered to the interrogatories; is 14 that right? 15 MR. PONS: Yes. 16 THE COURT: Okay. Do you have those? 17 MS. LUNDERGRAN: No, Your Honor. We're 18 only here about the request to vacate. 19 THE COURT: I understand. I just want to 20 know if you have the answers to the 21 interrogatories. 22 MS. LUNDERGRAN: Yes, we have those. This 23 is the only discovery we have not received. 24 THE COURT: Okay. Can I see your request 25 for production because they've objected to

12 12 1 everything. 2 The objection to Number 1 is overruled. 3 It's sustained as to Number 2. 4 MR. PONS: So objection to Number 2 is 5 overruled also? 6 THE COURT: No, Number 2 is sustained. 7 It's overruled as to 3. It's sustained as 8 to 4 and 5 and 6. 9 So if my memory is correct as to what I 10 just said you have to answer MR. PONS: And THE COURT: And And how much time do you need to do it? 14 MR. PONS: 20 days, Your Honor. 15 MS. LUNDERGRAN: Your Honor, if I may 16 respond on the record. 17 THE COURT: Sure. 18 MS. LUNDERGRAN: This discovery is late 19 filed. The case law is very clear that 20 late-filed objections are waived except as to 21 privilege. 22 THE COURT: You're finished? 23 MS. LUNDERGRAN: This discovery is coming 24 months after THE COURT: You're finished?

13 13 1 MS. LUNDERGRAN: Yes, Your Honor. 2 THE COURT: 20 days, is that what you 3 asked for? 4 MR. PONS: Yes, Your Honor. 5 MS. LUNDERGRAN: Your Honor, as to our 6 motion for sanctions for having to bring this 7 motion, is it granted or denied? 8 THE COURT: That's denied. 9 See, we also have a local rule dealing 10 with ex parte orders to compel discovery that 11 you can send in through the mail by asserting 12 over your right that you sent discovery out on 13 such and such a date, that it was due on such 14 and such a date, that there has been 15 noncompliance. Then you don't have to drive 16 down from Palm Beach on a motion to compel. 17 MS. LUNDERGRAN: Yes, Your Honor. Would 18 we still receive sanctions for driving on a 19 motion to compel? 20 THE COURT: No. 21 Now, having done all of that, I'm going to 22 strike the summary judgment hearing today, 23 because you have 20 days to comply with the 24 discovery. Because I don't want to make you 25 have to sit and wait possibly two hours

14 14 1 downstairs. I have no idea. But what you do 2 need to do is find out how you make sure on 3 the third floor on the master calendar, that 4 they know that it's being taken off calendar. 5 You will note in the order that you just 6 been given that we placed a copy of that. I 7 did say that if there's no compliance before 8 20 days of discovery, the results are monetary 9 sanctions. Most of the time those monetary 10 sanctions will go to the Dade County. Having 11 said all of that, that's for your files (Thereupon, the hearing was concluded)

15 CERTIFICATE OF COURT REPORTER 3 THE STATE OF FLORIDA: 4 SS. COUNTY OF MIAMI-DADE: 5 6 I, NORMI I. SIMMONS, a Court Reporter in 7 and for the State of Florida at Large, do hereby 8 certify that I was authorized to and did 9 stenographically report the proceedings in the 10 above-styled cause before the Honorable LAWRENCE 11 SCHWARTZ, at the time and place as set forth; that 12 the foregoing pages, numbered from 1 to 15, 13 inclusive, constitute a true and complete record of 14 my stenographic notes. 15 I further certify that I am not an 16 attorney or counsel of any of the parties, nor 17 related to any of the parties, nor financially 18 interested in the action Dated this October 20, Normi I. Simmons 24 Court Reporter 25

16 Page 16 A able 7:11 abovestyled 15:10 absolute 5:25 accommodate 10:2 action 15:18 administrative 8:1,3 advised 7:6 affirm 8:2 ago 5:13 agreement 9:25 albertelli 2:15 4:7,10,11,19 4:22,24 5:2 allow 9:23 allowed 5:10 amanda 2:8 3:3 answer 12:10 answered 11:13 answers 7:17 11:20 apparently 11:8 appearance 4:6 10:15 appearances 2:3 argument 4:19 asked 13:3 asking 4:1 asserting 13:11 attempt 11:5 attempted 6:24 attorney 15:16 august 11:2 authorized 15:8 aware 9:18 B back 4:20 bank 1:5 beach 2:10 8:24 9:9,10 13:16 behalf 3:3,8 bogus 4:18 box 2:16 bring 4:24 13:6 business 10:1 C calendar 3:24 5:9,19 6:1 8:15 8:16 10:15 14:3,4 cancel 6:24 10:14 case 1:3 9:15,16 12:19 cause 15:10 certain 7:23 certificate 15:2 certify 15:8,15 circuit 1:1,1 6:1 clear 12:19 clerk 7:8,12 clue 8:8 come 4:20 coming 12:23 compel 3:6 6:11 6:13 13:10,16 13:19 complete 15:13 compliance 14:7 comply 6:12 13:23 concluded 14:13 condominium 1:9 confer 6:19 11:5 constitute 15:13 contact 6:18 10:10 convenient 10:14 cooperate 10:4 coordinate 5:14 5:16,21 7:1 coordinated 5:18 coordinating 6:2 copy 14:6 correct 12:9 counsel 3:12 4:2 4:7 6:18 15:16 counsels 4:6 county 1:1,20 8:25 9:15,18 14:10 15:4 court 1:1 3:1,10 3:12,16,19,23 3:25 4:9,15,18 5:1,4,10,15,20 6:4,6 7:8,10,14 7:24 8:8,11,20 8:23 9:5 10:12 10:17 11:1,7 11:12,16,19,24 12:6,12,17,22 12:25 13:2,8 13:20 15:2,6 15:24 courthouse 1:20 creek 1:8 D dade 14:10 date 13:13,14 dated 15:20 day 10:13 days 5:13,24 7:4 9:23 10:2 12:14 13:2,23 14:8 dealing 13:9 defendant 3:4 defendants 1:10 2:6 8:2 denied 13:7,8 didnt 6:21 discovery 3:6 6:6,9,11,19 7:1 7:3,7 10:22 11:11,23 12:18 12:23 13:10,12 13:24 14:8 discuss 7:2 division 1:2 9:21 docket 7:11,14 10:23 doesnt 4:19 9:24 dont 3:23 4:12 4:15 5:21 8:8 8:12 13:15,24 downstairs 3:22 10:20 14:1 drive 13:15 driving 13:18 due 13:13 E esq 2:8,15 ethical 8:6 everyplace 9:12 ex 5:7 13:10 expected 10:4 extension 6:17 F failed 6:16,16 failure 6:12 file 6:17 filed 4:2 6:5 7:6 7:8,12,17 12:19 files 14:11 final 5:25 financially 15:17 find 5:17 6:19 14:2 fine 4:23 6:3 8:18 9:2,16 finished 12:22 12:25 first 8:14 9:14 9:16 flagler 1:21 floor 10:20 14:3 florida 1:1,21 2:10,16 15:3,7 focused 9:3 forclosure 8:4 foreclosure 5:8 foregoing 15:12 forth 15:11 forward 6:22 front 8:14,16 further 15:15 G gallego 1:8 3:4 general 1:2 given 14:6 go 7:10 14:10 goes 9:9 going 8:25 13:21 good 3:2 granted 13:7 H handled 9:15,17 hasnt 6:9 havent 8:11 heard 5:24 10:7 hearing 3:5,15 3:17 5:7,7,12 5:13,17 6:5 8:15 10:18 13:22 14:13 hes 5:10 hike 4:9 honor 3:2,21 4:4 4:13,23 5:3,5 6:3,13 7:3,16 7:22 8:18 9:2 10:9,23 11:17 12:14,15 13:1 13:4,5,17 honorable 1:18 15:10 hours 13:25

17 Page 17 I ice 2:9 3:3 idea 5:12 14:1 ill 7:11 im 3:25 5:21 13:21 inclusive 15:13 indebtedness 6:15 10:25 initially 7:21 interested 15:18 interrogatories 7:18,20 11:9 11:13,21 issue 10:6 issued 8:2 issues 7:23 ive 7:5 9:20 J judge 7:5 judgment 3:18 3:20 4:25 5:24 6:2,8,23,25 9:22 10:19 13:22 judicial 1:1 6:1 july 6:15 jurisdiction 1:2 K kings 1:8 know 3:12,23 8:12 9:1 11:20 14:4 knowing 9:7,8 9:11 L large 15:7 late 12:18 latefiled 12:20 law 2:15 4:7,10 4:11,20 12:19 lawrence 1:18 15:10 lawyers 10:3 legal 2:9 3:3 listen 5:20 local 5:22 9:1,7 9:9,11 13:9 long 9:14,20 lundergran 2:8 3:2,3,14,18 4:4 4:13,23 5:5,11 5:16 6:3 7:19 8:18,21 9:2 10:9,13,22 11:3,10,17,22 12:15,18,23 13:1,5,17 M mail 13:11 mandate 6:7 manner 10:5 maria 7:10 martha 1:8 3:4 martin 2:15 3:8 7:14 master 3:24 5:8 5:19 8:15,16 14:3 matter 10:5 memory 12:9 miami 1:21 miamidade 1:1 1:20 8:25 9:15 9:17 15:4 monetary 14:8,9 months 12:24 morning 3:2 mortgage 1:5 8:4 motion 3:5,6,6 3:11,12,14,15 3:16 4:2 5:6,23 6:7,10,11,11 6:13,17 7:25 8:11 9:3,22 10:17 13:6,7 13:16,19 motions 4:21 8:10 10:1 moving 6:22 N need 8:14 9:1 12:13 14:2 needs 10:19 new 8:4 noncompliance 13:15 normi 15:6,23 north 2:9 note 14:5 notes 15:14 notice 3:5,15,16 5:6,11 6:5 9:23 10:2,18 notices 5:7 november 11:12 number 12:2,3,4 12:6 numbered 15:12 numerous 10:10 O object 4:5 objected 11:25 objection 12:2,4 objections 12:20 obtain 6:25 october 1:24 15:20 offense 8:1 office 9:17 okay 3:23 4:9,18 5:5,15,20 7:10 8:20 9:6,16 10:17 11:7,16 11:24 order 14:5 orders 8:2,3 13:10 outstanding 6:6 6:8,19 overruled 12:2,5 12:7 P pages 15:12 palm 2:10 8:24 9:9,10 13:16 part 6:10 parte 5:7 13:10 parties 15:16,17 period 9:14 personal 7:25 10:6 place 9:13,19 15:11 placed 14:6 plaintiff 1:6 2:13 3:9 5:7,17 6:16 plaintiffs 6:18 point 8:12 pons 2:15 3:8,8 3:11,21,24 4:2 5:3 7:5,9,15,21 7:25 8:10,13 11:15 12:4,11 12:14 13:4 possibly 13:25 practice 8:25 prevents 10:7 previous 11:10 privilege 12:21 problem 4:20 procedure 5:23 9:23 procedures 8:5 proceedings 1:14 7:13 15:9 production 6:14 7:17 10:24 11:1,4,8,25 professional 10:5 propounded 10:23 11:2 providing 11:6 public 8:6 Q R raised 7:23 read 8:3 reason 7:2 receive 13:18 received 5:11 11:23 recess 7:13 record 4:8,14,15 7:23 8:7 12:16 15:13 refused 7:1 10:11 regarding 6:15 6:18 8:4,19 10:24 related 15:17 report 15:9 reporter 4:17 15:2,6,24 representing 5:1 request 6:14 7:17 10:24 11:1,4,8,18,24 require 9:25 10:1 required 7:4 reset 10:11,12 respect 8:21 respond 6:16,21 12:16 responded 6:9 6:20 responding 6:22 response 7:16 11:4,6,7 responses 7:6 responsibility

18 Page 18 8:24 9:6,8,11 results 14:8 right 3:21,25 5:25 11:14 13:12 road 2:9 royal 2:10 rule 4:8 5:22,22 8:19 13:9 ruled 6:7 rules 6:4 8:6 9:1 9:7,9,12,13,19 9:23 10:1 run 7:11 S sanctions 3:7 6:12 9:4 13:6 13:18 14:9,10 savings 1:5 saying 5:21 8:9 says 5:23 schwartz 1:18 15:11 second 6:10 see 7:12 11:24 13:9 seen 8:11 send 13:11 sent 11:9 13:12 september 7:5 serve 6:14 set 3:10,19,22 5:8 6:8 9:24 10:3,5,19 15:11 setting 9:25 10:2 seven 10:1 simmons 15:6 15:23 sit 13:25 sitting 9:21 somebody 4:21 4:24 10:6 south 1:9 ss 15:4 stand 4:11 start 8:17 state 2:9 15:3,7 stating 8:5 status 6:20 stenographic 15:14 stenographica... 15:9 stop 5:20 street 1:21 strike 13:22 suite 2:10 summary 3:18 3:19 4:25 5:23 6:1,7,23,25 9:22 10:18 13:22 sure 12:17 14:2 sustained 12:3,6 12:7 T take 4:9 taken 14:4 talking 8:12 tampa 2:16 thank 4:11,13 5:4 thats 3:21,25 4:18,23 6:3 7:9 8:16,18 9:2,16 13:8 14:11 theres 14:7 theyre 8:6 theyve 11:25 think 9:3,5 third 10:20 14:3 time 4:12 6:17 9:14 12:13 14:9 15:11 times 10:10 title 5:12 today 3:10,20 4:6 6:10 10:15 13:22 told 7:9 transcript 1:14 true 15:13 try 10:10,12 tuesday 1:24 two 9:20 13:25 U understand 11:19 unilaterally 9:24 10:3 V vacate 3:5,14,16 5:6 8:15 10:18 11:18 violate 6:4 violates 4:8 violating 8:6 vs 1:7 W wachovia 1:5 wait 13:25 waived 12:20 want 4:20 8:10 9:6 11:19 13:24 wanted 4:14 wants 4:24 waste 4:12 west 1:21 weve 8:1 whats 3:10 work 4:7,10,19 10:8 world 1:5 writing 4:16 X Y yeah 7:15 years 9:20 youre 8:9,12,24 8:25 12:22,25 youve 9:15 Z ca22 1: :2,10 15: :24 7:4 10: :9 11 5:13 11th 1:1 6:1 15 1:24 15: : :3,4, :14 13:2,23 14:8 15: :24 6:15 11:2 15: :24 9: : : :7,11, :15 10: : : : :8 5 12:8 50 1: :8 6th 11:2 7 2:9 73 1: th 7:5 9 1:24 9

IN THE CIRCUIT COURT OF THE 15TH CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO CA XXXX MB

9708 IN THE CIRCUIT COURT OF THE 15TH CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 50 2008 CA 040969XXXX MB THE BANK OF NEW YORK TRUST COMPANY, N.A., AS TRUSTEE FOR CHASEFLEX TRUST SERIES 2007-3,